Missouri Supreme Court to rule whether abortion amendment appears on Nov. ballot

(The Center Square) – Arguments begin at 8:30 a.m. on Tuesday at the Missouri Supreme Court and a decision is due by 5 p.m. on whether voters see an amendment legalizing abortion on the November ballot.

A lawsuit filed by two legislators, a leader of a women’s shelter and an activist went from the Cole County District Court to the Court of Appeals to the Supreme Court between Friday afternoon and Saturday night. By Monday afternoon, representatives of both sides filed briefs to a court with a female majority of justices for the first time in state history.

Republican Secretary of State Jay Ashcroft, who is listed as a defendant in the case due to his role in certifying Amendment 3, on Monday deleted it from the website containing the ballot measures. By late afternoon, Missourians for Constitutional Freedom filed a motion to hold Ashcroft in contempt.

On Friday, Cole County Circuit Judge Christopher Limbaugh, a cousin of the late Rush Limbaugh and son of U.S. District Court Judge Stephen Limbaugh, ruled the amendment should be removed due to a lack of information regarding which laws would be repealed if voters approved. Before being appointed to the circuit court in 2021, Limbaugh was Republican Gov. Mike Parson's chief legal officer.

Parson signed a "trigger law" in 2019 to make abortion illegal in the state if the Roe v. Wade decision was overturned. Missouri became the first state in the nation to make abortion illegal when the U.S. Supreme Court overturned the ruling in the Dobbs case in 2022.

On Saturday, Chief Judge Anthony Gabbert sent the case to the Missouri Supreme Court, stating a constitutional challenge of Amendment 3 can only be heard by the high court.

Before either side filed their briefs on Monday, a 12-page amicus brief was filed supporting Amendment 3’s place on the ballot by a group of leaders from throughout the state – Columbia Mayor Barbara Buffaloe and Democratic Kansas City Mayor Quinton Lucas, St. Louis Mayor Tishaura Jones and St. Louis County Executive Sam Page.

“As the circuit court acknowledged, there is no ‘direct precedent’ — or precedent at all … for a court to strike a measure from the ballot because a secretary of state-certified ballot text was insufficient,” the leaders wrote in their brief. “This Court may someday be presented a case requiring it to delineate, after thorough consideration, the precise requirements… But it makes little sense on this rushed posture to break that new ground. It makes even less sense to rush through a decision that would irrevocably deprive the current Missouri electorate the opportunity to vote on Amendment 3.”

The 83-page brief by the challengers reaffirmed arguments made in circuit court stating the amendment doesn’t comply with state law and the Missouri Constitution. In a 50-page brief , the Missourians for Constitutional Freedom, supporters of Amendment 3, argue the circuit court was incorrect as constitutional amendments don’t repeal statutes.

Parson appointed three female justices to the Missouri Supreme Court during his tenure. Missouri law requires a nonpartisan panel to provide the governor a list of three candidates for the governor to make an appointment.